Iowa-2019-SSB1070-Introduced

S.F. _____ H.F. _____ Section 1. Section 229A.2, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. “Presently confined” means 3 incarceration or detention in a correctional facility, a 4 rehabilitation camp, a residential facility, a county jail, a 5 halfway house, or any other comparable facility, including but 6 not limited to placement at such a facility as a condition of 7 probation, parole, or special sentence following conviction for 8 a sexually violent offense. 9 Sec. 2. Section 229A.2, subsection 11, paragraph c, Code 10 2019, is amended to read as follows: 11 c. Sexual exploitation of a minor in violation of section 12 728.12 , subsection 1 . 13 Sec. 3. Section 229A.3, Code 2019, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 6. This section shall not be construed as a 16 limit on persons subject to commitment under this chapter. 17 Sec. 4. Section 229A.4, subsection 2, paragraph a, Code 18 2019, is amended to read as follows: 19 a. The person was convicted of a sexually violent offense 20 and has been discharged after the completion of the sentence 21 imposed for the offense is no longer presently confined for 22 that offense . 23 Sec. 5. Section 229A.7, subsection 5, Code 2019, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . c. At trial, the court shall admit, and 26 the fact finder may rely on, the findings of an administrative 27 parole judge or other agency fact finder. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the civil commitment of sexually 32 violent predators under Code chapter 229A. 33 Under current law, a “sexually violent offense” for purposes 34 of Code chapter 229A includes the crime of sexual exploitation 35 -1- LSB 1259DP (4) 88 as/rh 1/ 3

S.F. _____ H.F. _____ of a minor by means of employing, using, persuading, inducing, 1 enticing, coercing, soliciting, knowingly permitting, or 2 otherwise causing or attempting to cause a minor to engage in 3 a prohibited sexual act or in the simulation of a prohibited 4 sexual act which a person knows, or has reason to know, or 5 intends that the act or simulated act may be photographed, 6 filmed, or otherwise preserved in a visual depiction. The bill 7 expands the definition of “sexually violent offense” to include 8 all alternative means by which the crime of sexual exploitation 9 of a minor may be committed to include knowingly promoting 10 any material visually depicting a live performance of a minor 11 engaging in a prohibited sexual act or in the simulation of a 12 prohibited sexual act, and knowingly purchasing or possessing a 13 visual depiction of a minor engaging in a prohibited sexual act 14 or the simulation of a prohibited sexual act. 15 The bill amends Code section 229A.3 relating to notice of 16 discharge requirements imposed on an agency with jurisdiction 17 when a person who is confined due to a charge of or conviction 18 for a sexually violent offense may meet the definition of a 19 sexually violent predator and that person is to be released 20 from confinement. The bill specifies that the Code section 21 only regulates notice given to the attorney general and the 22 multidisciplinary team, and that the Code section shall not be 23 construed as a limit on persons subject to commitment under 24 Code chapter 229A. 25 The bill amends Code section 229A.4 concerning when a 26 petition alleging that a person is a sexually violent predator 27 may be filed by a prosecuting attorney or the attorney 28 general. The petition must state sufficient facts to support 29 the allegation if it appears that a person who has committed 30 a recent overt act meets any specified criteria. The bill 31 amends one of those criterion to provide that the petition may 32 allege that the person was convicted of a sexually violent 33 offense and is no longer presently confined for that offense. 34 Under the bill, presently confined means incarceration or 35 -2- LSB 1259DP (4) 88 as/rh 2/ 3

S.F. _____ H.F. _____ detention in a correctional facility, a rehabilitation camp, a 1 residential facility, a county jail, a halfway house, or any 2 other comparable institution, including but not limited to 3 placement at such an institution as a condition of probation, 4 parole, or special parole following conviction for a sexually 5 violent offense. 6 The bill amends Code section 229A.7 relating to trial, 7 determination, and commitment procedures. The bill provides 8 that at trial, a court shall admit, and the fact finder may 9 rely on, the findings of an administrative parole judge or 10 other agency fact finder. 11 -3- LSB 1259DP (4) 88 as/rh 3/ 3